prima facie enquiry.
35. In paragraph 16 of its original application for injunction under
Orders XXXIX, Rules ... application to amend the plaint
(on the basis of the registration of BTX-A in India), as well as in its
application for injunction
further sought leave to amend the relief/prayer clause by inserting
the claim for permanent injunction restraining infringement.["... permanent
injunction be passed restraining ... years, the
suit was pending; even the ad interim injunction application was not
decided. That application IA 9787/2007 was heard on several dates
specification contains irrelevant and misleading information is unmerited. Although originally, an application was made for patent of 27 claims, during the examination proceedings, the Plaintiff ... amendment of application for patent or complete specification can be allowed, the effect of which would be that the specification as amended would claim
reply to that application, denied that the suit plots were part of
the subject matter of her suit. The application for impleadment was dismissed ... said
defendants, in their suit No. 703/85, introduced amendments; consequently, the plaintiff's
application to be made party to the proceedings, was allowed
approach of the order of the Court dismissing the temporary injunction application. It,
therefore, dismissed the appeal.
7. During the pendency of the above proceedings ... proposed amendments contained in Paras 11-C and 11-D of the
Plaintiff‟s application is concerned, a more careful approach has to be adopted
2009 Page 2
5. In the application seeking amendments the plaintiff submits that he had filed an
application in form TM-46 with the Trademark ... second defendant, in its written statement, as well as application for vacation of the
interim injunction, alleges to being a company incorporated as EVEREADY (hereafter
Counsel for the parties.
By the present application defendant no. 1 seeks permission of the court to amend
the written statement existing on record ... proceedings on
27.11.2006. It is contended that the present application for amendment of the amended
written statement is necessary because the applicant has noticed that
portions of the
amendment sought in the application which was ultimately allowed
are as follows: -
"Amended para (4a)
In the light of afore stated ... well as cause of action. In view
thereof, the present application is allowed. The amended plaint
filed by the plaintiff is taken on record
Hindustan Unilever Limited vs Reckitt Benckiser India Limited on 31 January, 2014
Author: S.Ravindra
2010
The Court has considered the averments in the application. The plaintiff
proposes to amend the suit, submitting that as a consequence of change ... stations. The plaintiff's claim is for permanent injunction. The suit seeks permanent
injunction to restrain the defendant from playing or broadcasting any programmes
